| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the resumption of employment by a retiree within the |
|
|
Texas Municipal Retirement System. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 852, Government Code, is |
|
|
amended by adding Section 852.1081 to read as follows: |
|
|
Sec. 852.1081. RESUMPTION OF SERVICE BY RETIREE. (a) |
|
|
Except as provided by Subsection (b), a person who has retired from |
|
|
a participating municipality with a service retirement annuity |
|
|
based on a bona fide termination of employment resumes membership |
|
|
in the retirement system without suspension of the person's annuity |
|
|
if: |
|
|
(1) the person becomes an employee of the |
|
|
participating municipality by which the person was most recently |
|
|
employed not sooner than one calendar month after the effective |
|
|
date of the person's retirement; or |
|
|
(2) the person becomes an employee of a participating |
|
|
municipality by which the person was not most recently employed |
|
|
after the effective date of the person's retirement. |
|
|
(b) A person who, less than a month after retiring, resumes |
|
|
employment with the participating municipality by which the person |
|
|
was most recently employed is considered to have not retired with |
|
|
respect to that municipality. The person's service retirement |
|
|
annuity will be discontinued, the person's membership will be |
|
|
restored, and the person must return any payments received. |
|
|
Appropriate adjustments will be made for any amounts not returned. |
|
|
(c) A membership established under Subsection (a) is |
|
|
considered to be a new membership for the purposes of beneficiary |
|
|
determinations and benefit selections. |
|
|
(d) After terminating employment with a participating |
|
|
municipality, a member who has previously retired with a service |
|
|
retirement annuity under this subtitle and who meets the |
|
|
requirements of Subsection (a) is eligible to apply for and receive |
|
|
an additional standard or optional service retirement annuity or a |
|
|
refund of the member's accumulated contributions for service with |
|
|
the municipality, without regard to any age or credited service |
|
|
requirement. |
|
|
(e) If a member who meets the requirement of Subsection (d) |
|
|
dies before a payment is made under that subsection, payment shall |
|
|
be made in the manner provided by Section 854.105. |
|
|
SECTION 2. Sections 852.108 and 852.109, Government Code, |
|
|
are repealed. |
|
|
SECTION 3. (a) A person who resumed employment after |
|
|
retirement and whose annuity was suspended under former Section |
|
|
852.108, Government Code, repealed by this Act, is entitled to the |
|
|
resumption of monthly annuity payments if the person meets the |
|
|
requirements of Section 852.1081(a)(1), Government Code, as added |
|
|
by this Act. |
|
|
(b) The Texas Municipal Retirement System shall resume |
|
|
making monthly annuity payments to a person described by Subsection |
|
|
(a) of this section on the first payment date occurring on or after |
|
|
the effective date of this Act. |
|
|
(c) A person who is entitled to the resumption of monthly |
|
|
annuity payments under this section is not entitled to recover |
|
|
payment for annuity payments not made during the period the |
|
|
person's annuity was suspended under former Section 852.108, |
|
|
Government Code, repealed by this Act. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |